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BEYERLE SAND & GRAVEL, INC. v. MARTINEZ

No. 2 CA-CIV 2579.

118 Ariz. 60 (1977)

574 P.2d 853

BEYERLE SAND AND GRAVEL, INC., Appellant and Cross-Appellee, v. Ricardo MARTINEZ and Joan Conley Martinez, husband and wife, Appellees and Cross-Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 11, 1978.

Review Denied February 7, 1978.

Attorney(s) appearing for the Case

Wayne A. Cypert, Nogales, for appellant and cross-appellee.

E. Leigh Larson, Nogales, for appellees and cross-appellants.

OPINION

HOWARD, Chief Judge.

This appeal and cross-appeal arise from the granting of a default judgment in an action concerning the breach of a written lease authorizing appellant to remove sand and gravel from land owned by appellees.

In November of 1971, appellees Ricardo Martinez and Joan Conley Martinez acquired a portion of the Diamond Y Ranch in Santa Cruz County, Arizona. They purchased the property from Richard E. Conley,

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